DUI charges are not foolproof

Dec 26, 2014

DUI charges are not foolproof

Posted By
Sutton & Janelle, PLLC

When someone in West Virginia is accused of DUI, it can have far-reaching
consequences. In addition to the consequences of the justice system's
sentencing and penalties, the individual may have to face much more significant
concerns, such as reputation and future lifestyle changes.

This may be the case in a recent DUI arrest where the spokesman for the
West Virginia Department of Transportation was charged with DUI. The spokesman
was pulled over by the police for failure to use a turn signal, and allegedly
failed subsequent breathalyzer and sobriety tests. The charge was a first
offense DUI, but will no doubt have negative consequences in some area
of his life.

First offenders and even subsequent offenders of DUI should be aware that
all DUI charges do not have to result in the severest penalties or consequences.
Charges are not always foolproof. Attorneys may not be able to directly
impact the damage to a person's reputation, but with a good defense,
they may be able to indirectly affect them by possibly having the charges
dropped or reduced, or having a minimal or decreased penalty imposed.

Through a comprehensive research of all of the evidence, your attorney
may find that an error was made during the arrest or with the procedures
and steps taken by the arresting officials. Was there a possibility of
evidence tampering?

Any technicality in how tests were administered or any errors in procedures
could result in all charges being dropped. Were you forced to take a breathalyzer
test? It is within your right to refuse a test -- although refusing will
result in a year's suspension of your driver's license by the
DMV. On the other hand, refusing could help you in a DUI criminal case
by deflecting damaging evidence.

Driving while under the influence of alcohol is never a good idea. It is unsafe for both you and other individuals
on the road. But if you have made this mistake, it doesn't have to
be the end of the world. Everyone is innocent until proven guilty in a
court of law, and it is your attorney's job to protect your rights.
By minimizing the consequences, your reputation may be able to remain
intact as well.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.